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Civil – SCP
How to File a Motion in the Special Civil Part
Updated September 2011
HOW TO USE THIS ONLINE
You may fill in the information required in this packet on your screen, save
it to your local drive and print it out on your local printer OR you may print
out the packet and complete the forms by hand or typewriter.
The information you enter is NOT
submitted electronically.
Civil - SCP – How to File a Motion
How to File a Motion in the Special Civil Part
A MOTION is a written request which asks the court to issue an order or to change an order the court has already
issued.
Who Should Use This Packet?
You may use this packet if you want to file certain motions in the Special Civil Part, for example, a motion to
permit discovery, to vacate a dismissal or to vacate a default or default judgment.
1. General Requirements for Filing a Motion:
When you file a motion, you must submit the following papers contained in this packet:
•
•
•
Notice of Motion (including the Certification of Service at the bottom of the Notice of Motion)
Certification in Support of the Motion
Order
2. Fees: There is no fee for filing a motion in the Special Civil Part except in relation to filing a motion to
vacate a default or a default judgment (step #6, page 4).
3. Exceptions:
•
•
•
•
DO NOT use this packet if you want to file a motion for any one of the following:
Motion to Enforce Litigants’ Rights
Motion to Turn Over Funds
Motion for Summary Judgment
Motion to Strike a Party’s Pleading for Failure to Answer Interrogatories.
If you want to file any one of the four motions above, ask the court staff how you may proceed.
Note: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by
self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to
reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at
the county courthouse or on the Judiciary’s Internet site www.njcourts.com. However, you are ultimately
responsible for the content of your court papers.
Completed forms are to be submitted to the Special Civil Part of the Superior Court in the county where
you are filing your case. A list of Special Civil Part Offices is provided at the customer counter or at
www.njcourts.com.
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
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Civil - SCP – How to File a Motion
THINGS TO THINK ABOUT BEFORE YOU TRY
TO REPRESENT YOURSELF IN COURT
TRY TO GET A LAWYER
The court system can be confusing and it is a
good idea to get a lawyer if you can. If you
cannot afford a lawyer, you may contact the
legal services program in your county to see if
you qualify for free legal services. The
telephone number can be found in your local
yellow pages under Legal Aid or Legal
Services.
•
We can explain and answer questions about
how the court works.
•
We can tell you what the requirements are to
have your case considered by the court.
•
We can give you some information from
your case file.
•
We can provide you with samples of court
forms that are available.
If you do not qualify for free legal services and
need help in locating an attorney, you can
contact the bar association in your county.
Their telephone number can also be found in
your local yellow pages. Most county bar
associations have a Lawyer Referral Service.
The County Bar Lawyer Referral Service can
supply you with the names of attorneys in your
area willing to handle your particular type of
case and who may sometimes consult with you
at a reduced fee.
•
We can provide you with guidance on how
to fill out forms.
•
We can usually answer questions about court
deadlines.
•
We cannot give you legal advice. Only your
lawyer can give you legal advice.
•
We cannot tell you whether or not you
should bring your case to court.
•
We cannot give you an opinion about what
will happen if you bring your case to court.
There are also a variety of organizations of
minority lawyers throughout New Jersey, as
well as organizations of lawyers who handle
specialized types of cases. Ask your Superior
Court staff for a list of lawyer referral services
that include these organizations.
•
We cannot recommend a lawyer, but we can
provide you with the telephone number of a
local lawyer referral service.
•
We cannot talk to the judge for you about
what will happen in your case.
•
We cannot let you talk to the judge outside
of court.
•
We cannot change an order issued by a
judge.
WHAT YOU SHOULD EXPECT IF YOU
REPRESENT YOURSELF
While you have the right to represent yourself in
court, you should not expect any special
treatment, help, or attention from the court.
You must still comply with the Rules of the
Court, even if you are not familiar with them.
The following is a list of some things the court
staff can and cannot do for you. Please read it
carefully before asking the court staff for help.
KEEP COPIES OF ALL PAPERS
Make and keep for yourself copies of all
completed forms and any canceled checks,
money orders, sales receipts, bills, contract
estimates, letters, leases, photographs, and other
important documents that relate to your case.
Bring all documents to court if you are notified
that an appearance is necessary.
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
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Civil - SCP – How to File a Motion
DEFINITIONS OF WORDS USED IN THIS PACKET
Answer - An answer is a written response which explains why you think you do not owe the money
to the other party in the case.
Complaint - A complaint is a document in which you briefly tells the court the facts in your case and
the remedy you want the court to give you.
Default - When the defendant does not appear in court to respond to the complaint or does not file an
answer, a judge may immediately enter an order giving a remedy to the plaintiff. This is called a
default. Also, if the plaintiff does not show up in court, the court may dismiss the case.
Defendant - The defendant is the person (party) against whom the court action (complaint) was filed.
Docket Number - The docket number is the number the court assigned to this case when the
complaint was filed. The docket number is listed on the complaint and answer.
File - To file means to give the appropriate forms and fee to the court to begin the court’s
consideration of your position or request.
Judgment – A judgment is the official decision of a court in a case.
Motion – A motion is a written request in which you ask the court to issue an order, or to change an
order it has already issued.
Oral Argument – An oral argument is when you personally appear in court to explain what you want
the court to do.
Order – An order is a signed paper from the judge telling someone they must do something.
Party - A party is a person, business, or governmental agency involved in a court action.
Plaintiff - The plaintiff is the person (party) who the court action by filing the complaint.
Return Date – The Return Date is the date the plaintiff and defendant are ordered to appear in court.
Service - Service is mailing or delivering copies of your papers to the lawyer for the other party, or to
the other party if there is no lawyer.
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
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Civil - SCP – How to File a Motion
The numbered steps listed below tell you what forms you will need to fill out and what to do with them.
Each form should be typed or printed clearly on 8 ½ “x 11” white paper only. Forms may not be filed on a
different size or color paper.
STEPS FOR FILING A MOTION IN THE SPECIAL CIVIL PART
STEP 1: Fill out the Notice of Motion (Form
A)
The Notice of Motion tells the court what you
want the court to do. Make sure to include the
docket number of your case and sign your name
where requested. (Step 4 explains how to
complete the Certification of Service at the
bottom of Form A.)
STEP 2: Fill out the Certification in
Support of a Motion (Form B)
The Certification in Support of a Motion tells
the court why you think you are entitled to what
you are asking for in your Notice of Motion.
Attach any additional copies of documents that
you have that may help support your motion.
STEP 3: Fill out the top portion of the
Order (Form C)
The Order is the document that grants or denies
what you are asking for in the case. You must
fill out the top portion of the Order. The
instructions will tell you how. Leave the bottom
half of the Order blank for the judge to
complete.
STEP 4: Fill out the Certification of Service
(Form A, page 2)
The Certification of Service is located on page 2
of Form A. All parties to the case are required
to receive a copy of this motion. The date you
put on your Certification of Service MUST be
the same day you personally give these papers
to the other party or his or her lawyer OR you
deliver these papers to the post office for
mailing. (See the instructions for Form A for
more information about this.).
STEP 5: Check your completed forms
Check your forms and make sure they are
complete. Remove all instruction sheets.
Make sure you have signed the forms where
you are asked to sign them. You must have
the following items in this order:
Notice of Motion (Form A)
Certification of Service signed and
dated (Form A, second page)
Certification in Support of the Motion
(Form B)
Order (Form C)
STEP 6: Filing Fee
There is no fee for filing a motion in the
Special Civil Part; except that, if you file a
motion to vacate a default or a default
judgment, you must file an answer to the
original complaint along with any cross
claims or counterclaims you may wish to
assert, and the motion must be accompanied
by the appropriate fee. Make a check or
money order payable to Treasurer, State of
New Jersey. You may contact the Clerk of
the Special Civil Part to find out the amount
of the fee.
STEP 7: Mail or deliver your package of
completed papers to the court and all
other parties in the case.
You can deliver or mail your motion papers
to the court. You must mail the motion to
all other parties in the case by certified mail,
return receipt requested and regular mail.
You will receive a green receipt card which
can serve as proof that you mailed the
motion to the other party. Your post office
can tell you how to send certified mail,
return receipt requested.
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
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Civil - SCP – How to File a Motion
In the motion papers you mail to the court,
include two more additional copies of the
Order along with original motion papers and
a self-addressed, stamped envelope. The
court will return the extra copies of the
Order to you along with the court’s decision
only if a self-addressed stamped envelope is
provided. When you receive a copy of the
court’s Order signed by the judge, you are
required, as the moving party, to provide a
copy to all other parties involved in this
motion.
STEP 8: Requesting Oral Argument
You may ask for oral argument, which means
you are asking to personally appear in court to
explain what you want the court to do. Motions
may be decided by the judge without oral
argument unless one of the parties requests it
and the judge grants that request. Even if no
one requests oral argument, the court may still
require oral argument. If there is to be oral
argument, you will be notified of the time, date,
and place. Check whether or not you want to
request oral argument on the Notice of Motion
(Form A).
Make enough copies of the forms so that
you will have two copies for every party in
the case (one for certified mail and one for
regular mail) including yourself.
Mail or deliver all of the original motion
papers to the court (Form A, Form B, Form
C). Note: Make certain that you have
signed all forms which require your
signature.
Keep at least one copy of the completed
motion packet for your own records.
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
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Print All Forms
Clear All Forms
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
County
Docket Number
Plaintiff’s Name (first, middle, last)
Address
City, State, Zip Code
Civil Action
Notice of Motion
Telephone Number
vs.
(check one)
Defendant’s Name (first, middle, last)
I do not request Oral Argument
I request Oral Argument
Address
If you requested Oral Argument do you wish to
request:
An Interpreter:
Yes
No
Indicate Language:
City, State, Zip Code
Telephone Number
An accommodation for a disability:
Requested accommodation:
Yes
No
PLEASE TAKE NOTICE that I will apply to the Superior Court of New Jersey, Law Division,
Special Civil Part
County located at
NJ,
(Courthouse Address)
in the above entitled matter for an Order to:
(Zip Code)
Permit Discovery
Vacate Dismissal/Reinstate Complaint
Amend Complaint
Amend Answer
Other (Specify)
Amend Judgment
Enter Judgment Out of Time
Vacate Default/Vacate Default Judgment
(must include answer, any cross-claims or counterclaims,
and the application fee; see step 6 on page 4)
NOTICE: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING. Your
written response must be in the form of a certification or affidavit. That means that the person signing it
swears to the truth of the statements in the certification or affidavit and is aware that the court can
punish him or her if the statements are knowingly false. You may ask for oral argument, which means
you can ask to appear before the court to explain your position. If the court grants oral argument, you
will be notified of the time, date and place. Your response, if any, must be in writing even if you request
oral argument. Any papers you send to the court must also be sent to the opposing party’s attorney, or
the opposing party if not represented by an attorney.
If you do not notify the Clerk and the undersigned in writing within ten (10) days of service of the motion
that you object to entry of the order sought, the court, in its discretion, may enter the order against you
without a hearing.
Date
Signature
Type or Print Name
Check one:
Plaintiff
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
Defendant
page 6 of 9
Form A
(Second Page)
Certification of Service
I certify that I served a copy of this motion and any accompanying pages (check one)
Personally on the person(s) or attorney(s) listed below.
By mailing it to the person(s) or attorney(s) listed below by regular and certified mail.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
(Name)
(Name)
(Certified Mail Number)
(Certified Mail Number)
(Address)
(Address)
(City, State & Zip Code)
(City, State & Zip Code)
(Name)
(Name)
(Certified Mail Number)
(Certified Mail Number)
(Address)
(Address)
(City, State & Zip Code)
(City, State & Zip Code)
Date
Signature
Type or Print Your Name
Check one
Plaintiff
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
Defendant
page 7 of 9
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
County
00
Docket Number
Plaintiff’s Name (first, middle, last)
Address
City, State, Zip Code
Civil Action
Certification in Support of Motion to:
Telephone Number
vs.
Permit Discovery
Amend Judgment
Vacate Dismissal/Reinstate Complaint
Enter Judgment Out of Time
Amend Complaint
Vacate Default/Vacate Default Judgment
Defendant’s Name (first, middle, last)
Address
City, State, Zip Code
(must include answer, any cross-claims or
counterclaims, and the application fee; see
step 6 on page 4)
Telephone Number
Amend Answer
Other (Specify)
of full age, being the
(Your Name)
Plaintiff
Defendant
(check one)
in the above case states:
You may attach more sheets if you need to, but you must copy the certification language below
onto any additional sheets you use, and you must sign and date each additional sheet.
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
Date
Signature
Type or Print Name
Check one:
Plaintiff
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
Defendant
page 8 of 9
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
SPECIAL CIVIL PART
County
00
Docket Number
Plaintiff’s Name (first, middle, last)
Address
City, State, Zip Code
Telephone Number
vs.
Defendant’s Name (first, middle, last)
Civil Action
Order
Address
City, State, Zip Code
Telephone Number
This matter being opened to the court by
the
(Your Name)
Plaintiff
Defendant
in the case by way of motion seeking an order to:
(check one)
Permit Discovery
Vacate Dismissal/Reinstate Complaint
Amend Complaint
Amend Answer
Amend Judgment
Enter Judgment Out of Time
Vacate Default/Vacate Default Judgment
Other (Specify)
and the court having considered the motion, pleadings on file and/or argument of the moving party and
for good cause appearing;
(Do not write below this line, for court use only)
On this
day of
20
:
it is ORDERED that
it is FURTHER ORDERED that a copy of this Order be served by the moving party upon all other
parties or their attorneys, if any, within
days of the date listed above.
This motion was:
Opposed
Unopposed
, J.S.C.
Revised 09/2011, CN 10543 (How to File a Motion in the Special Civil Part)
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